SENATE BILL No. 123
AN ACT concerning postsecondary education; enacting the Kansas adult learner grant act;
establishing a grant program for adult learners to pursue certain fields of study;
providing for workforce retention income tax credits; creating the Kansas adult learner
grant program fund; enacting the career technical education credential and transition
incentive for employment success act; requiring school districts to pay for the cost of
assessments for students to obtain an approved career technical education credential;
relating to residency determination of certain students; deeming veterans and dependents
or spouses of such veterans who were stationed in the state for at least 11 months as
residents for purposes of tuition and fees; expanding the eligible fields of study under
the Kansas promise scholarship act; establishing a maximum scholarship amount for
certain private postsecondary educational institutions; amending K.S.A. 2022 Supp. 48-
3601, 74-32,272, 74-32,273, 74-32,274 and 74-32,275 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Sections 1 through 9, and amendments thereto,
shall be known and may be cited as the Kansas adult learner grant act.
(b) As used in the Kansas adult learner grant act:
(1) "Adult learner grant eligible program" means any baccalaureate
degree program offered by an eligible postsecondary educational
institution that is identified as an "adult learner grant eligible program" by
the state board of regents pursuant to section 2, and amendments thereto,
or designated as an "adult learner grant eligible program" by an eligible
postsecondary educational institution pursuant to section 3, and
amendments thereto.
(2) "Eligible postsecondary educational institution" means:
(A) A state educational institution under the control and supervision
of the board of regents;
(B) a municipal university;
(C) any not-for-profit institution of postsecondary education with its
main campus or principal place of operation in Kansas that offers an adult
learner grant eligible program, is operated independently and not
controlled or administered by any state agency or subdivision of the state,
maintains open enrollment and is accredited by a nationally recognized
accrediting agency for higher education in the United States; or
(D) a not-for-profit independent institution of higher education
which is accredited by an institutional accrediting agency recognized by
the United States department of education, is operated independently and
not controlled or administered by the state or any agency or subdivision
thereof, maintains open enrollment, offers online education and offers
exclusively competency-based education programs.
(3) "Part-time student" means a student who is enrolled for six credit
hours or more in a semester, or the equivalent, and is not enrolled as a
full-time student.
New Sec. 2. (a) There is hereby established the Kansas adult learner
grant program. The state board of regents shall administer the program.
(b) On or before March 1, 2024, the state board of regents shall
adopt rules and regulations to implement and administer the Kansas adult
learner grant program. Such rules and regulations shall establish:
(1) Grant application and renewal forms and deadlines;
(2) appeal procedures for denial or revocation of a Kansas adult
learner grant;
(3) the terms, conditions and requirements for the Kansas adult
learner grant consistent with the provisions of this act; and
(4) procedures for requesting and approving medical, military and
personal absences from an eligible postsecondary educational institution
while a Kansas adult learner grant recipient is receiving such grant.
(c) The state board of regents shall:
(1) Identify the adult learner grant eligible programs offered by each
eligible postsecondary educational institution that are:
(A) In any of the following fields of study: SENATE BILL No. 123—page 2
(i) Information technology and security;
(ii) healthcare and nursing;
(iii) science, engineering, aerospace and advanced manufacturing;
(iv) education, early childhood education and development;
(v) business, accounting and data analytics; or
(B) designated by the eligible postsecondary educational
institution pursuant to section 3, and amendments thereto;
(2) work with community partners, such as community
foundations, school districts, postsecondary educational institutions,
Kansas business and industry and Kansas economic development
organizations to publicize Kansas adult learner grants, including, but
not limited to, publicizing eligible postsecondary educational
institutions, approved grant-eligible educational programs and
application and renewal procedures and deadlines;
(3) disburse funds to each eligible postsecondary educational
institution for the purpose of awarding Kansas adult learner grants;
(4) request information from eligible postsecondary educational
institutions necessary for the administration of this act; and
(5) beginning January 1, 2025, annually evaluate the Kansas adult
learner grant program and prepare and submit a report to the senate
standing committee on education and committee on commerce and the
house of representatives standing committee on education and
committee on commerce, labor and economic development.
New Sec. 3. (a) Subject to subsection (b), an eligible
postsecondary educational institution may designate one additional
adult learner grant eligible program if the additional program is a
baccalaureate degree program that corresponds to a high wage, high
demand or critical need occupation.
(b) To designate an additional adult learner grant eligible program,
such institution shall have and maintain an existing adult learner grant
eligible program in any of the following fields of study:
(1) Information technology and security;
(2) healthcare and nursing;
(3) science, engineering, aerospace and advanced manufacturing;
(4) education and early childhood education and development; or
(5) business, accounting and data analytics.
(c) An eligible postsecondary educational institution that
designates an additional adult learner grant eligible program pursuant to
subsection (a) shall maintain the adult learner grant eligible program
designation of such program for at least four consecutive years. After
maintaining such program for at least four years, the institution may
designate a new adult learner grant eligible program that corresponds to
a high wage, high demand or critical need occupation to replace the
existing designated adult learner grant eligible program. Any newly
designated program shall be subject to the requirements of this section.
New Sec. 4. (a) Subject to appropriations, the amount of a Kansas
adult learner grant for a student shall be $3,000 per semester, except
that such amount shall be prorated if the student is not enrolled full-
time. The prorated amount shall be calculated on a sliding scale, in
which full-time enrollment is 12 credit hours per semester and shall
qualify for a 100% grant and 6 credit hours of enrollment per semester
shall qualify for a 50% grant.
(b) Students receiving an adult learner grant are eligible to
continue to receive such grant for up to 48 months after the date that
the grant was first awarded or upon graduation from the program,
whichever comes first.
(c) Except as otherwise provided in this subsection, Kansas adult
learner grants shall only be awarded to an eligible student whose family
household income equals $100,000 or less for a family of two, SENATE BILL No. 123—page 3
$150,000 or less for a family of three and, for household sizes above
three, a household income that is equal to or less than the family of
three amount plus $4,800 for each additional family member.
(d) Moneys awarded as a grant under this act shall only be
expended for tuition, required fees and the cost of books and required
materials.
(e) For fiscal year 2024 and each fiscal year thereafter, the
appropriation made for the Kansas adult learner grant program shall not
exceed $1,000,000 for each fiscal year.
New Sec. 5. (a) To be eligible for a Kansas adult learner grant, a
student shall:
(1) Be a Kansas resident;
(2) be 25 years of age or older at the time the student's first course
that is funded by a grant begins;
(3) complete the required grant application on such forms and in
such manner as established by the state board of regents;
(4) complete the free application for federal student aid for the
academic year in which the student applies to receive a Kansas adult
learner grant; and
(5) enroll as a full-time student or part-time student at an eligible
postsecondary educational institution in an adult learner grant eligible
program.
(b) To continue to receive a Kansas adult learner grant, a student
shall:
(1) Maintain satisfactory academic progress, including a grade
point average of 2.0 or higher, or the equivalent thereof, toward
completion of the adult learner grant eligible program;
(2) complete a grant renewal application on such forms and in
such manner as established by the state board of regents; and
(3) complete the free application for federal student aid for the
academic year for which the student applies to renew the grant.
New Sec. 6. (a) As a condition to receiving a grant under this act,
an eligible student shall enter into an agreement with the eligible
postsecondary educational institution that awarded such grant. Such
eligible postsecondary educational institution shall counsel each
eligible student on the requirements and conditions of the agreement.
Such agreement shall require any student who receives a grant award
to:
(1) Enroll as a full-time or part-time student at the eligible
postsecondary educational institution that made the grant award and
engage in and complete the adult learner grant eligible program;
(2) within six months after graduation from the adult learner grant
eligible program:
(A) Reside and commence work in the state of Kansas for at least
two consecutive years following completion of such program. A
scholarship recipient may use a W-2 wage and tax statement showing
Kansas withholding or estimated income tax to the state of Kansas as
proof of work in Kansas; or
(B) enroll as a full-time or part-time student in any public or
private postsecondary educational institution with its primary location
in Kansas and upon graduation or failure to re-enroll, reside in and
commence work in Kansas for at least two consecutive years following
the completion of such program;
(3) maintain records and make reports to the state board of regents
on such forms and in such manner as required by the state board of
regents to document the satisfaction of the requirements of this act; and
(4) upon failure to satisfy the requirements of an agreement
entered into pursuant to this section, repay the amount of the grant
award the student received under the program as provided in subsection SENATE BILL No. 123—page 4
(b) to the state board of regents.
(b) (1) Except as provided in subsection (c), if any student who
receives a grant award fails to satisfy the requirements of the agreement
entered into pursuant to this section, such student shall pay an amount
equal to the total amount of money received by such student pursuant
to such agreement plus accrued interest at a rate equivalent to the
interest rate applicable to loans made under the federal PLUS program
at the time such student's first course funded by a grant award began.
Interest shall begin accruing on the date the student is determined to be
out of compliance with the agreement. Monthly installment payments
of such amounts may be made in accordance with rules and regulations
of the state board of regents. Such installment payments shall begin six
months after the date of the action or circumstances that cause such
student to fail to satisfy the requirements of the agreement, as
determined by the state board of regents upon the circumstances of
each individual case. All moneys received pursuant to this subsection
shall be remitted to the state treasurer in accordance with the provisions
of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the
state treasury to the credit of the Kansas adult learner grant program
fund.
(2) The state board of regents shall be the sole entity responsible
for collecting or recouping any grant moneys required to be repaid by a
student who fails to satisfy the requirements of an agreement entered
into pursuant to this section.
(3) The state board of regents is authorized to turn any repayment
account arising under this act to a designated loan servicer or collection
agency to collect on the state board's behalf. The state's involvement
shall only be to receive payments from the loan servicer or collection
agency at the interest rate prescribed under this subsection.
(4) Eligible postsecondary educational institutions and each state
agency are authorized to provide academic, employment, residency and
contact information regarding students who received a grant award to
the state board of regents for the purposes of:
(A) Determining whether or not a student satisfied the
requirements of this act and the agreement entered into pursuant to this
section; and
(B) aiding in the collection or recoupment of any funds required to
be repaid pursuant to this section.
(5) Eligible postsecondary educational institutions shall:
(A) Provide annually to the state board of regents the last known
contact information of each student who received a grant award until
the requirements of the program and the agreement are complete; and
(B) notify the state board of regents when a student who received
a grant award completes the program of study for which the student
received the grant or has exhausted the benefits available under this act.
(6) Eligible postsecondary educational institutions shall not be
considered a contractor of the state nor shall such institutions be
required to participate in tracking, collecting or recouping any moneys
required to be repaid by a student who fails to satisfy the requirements
of an agreement entered into pursuant to this section.
(c) Any requirement of an agreement entered into pursuant to this
section may be postponed for good cause in accordance with rules and
regulations of the state board of regents.
(d) A scholarship recipient satisfies the requirements of the adult
learner grant program if such recipient:
(1) Completes the requirements of the agreement entered into
pursuant to this section;
(2) commences service as a military servicemember after SENATE BILL No. 123—page 5
receiving a grant award;
(3) fails to satisfy the requirements after making the best possible
effort to do so as determined by the state board of regents;
(4) is unable to obtain employment or continue in employment
after making the best possible effort to do so; or
(5) is unable to satisfy the requirements due to disability or death
of the grant recipient.
New Sec. 7. (a) Notwithstanding the grant limitation in section 4,
and amendments thereto, an individual who has received a Kansas adult
learner grant shall qualify for a Kansas workforce retention incentive
income tax credit against the individual's tax liability under the Kansas
income tax act of $1,500 if they demonstrate satisfactorily to the
secretary of revenue that they:
(1) Successfully completed their adult learner grant eligible
program with the awarding of their degree; and
(2) (A) Currently reside in Kansas, have resided in Kansas for at
least two consecutive years following completion of their program and
are currently employed in the state of Kansas; or
(B) have commenced service as a military servicemember.
(b) To claim the credit, the individual shall submit such
information and documentation in the form and manner required by the
secretary of revenue.
(c) The individual may claim the income tax credit not later than
the 5
th
taxable year after the taxable year in which the individual
successfully completed the adult learner grant eligible program with an
award of their degree. Any amount of the credit that exceeds the
individual's tax liability shall be carried forward once to the next
succeeding taxable year as a credit against the individual's income tax
liability for such year. Any amount of the credit remaining after being
carried forward once shall be forfeited.
(d) On or before March 1, 2024, the secretary of revenue shall
adopt rules and regulations to implement and administer the income tax
credit established by this section. Such rules and regulations shall
include criteria to determine whether an individual who has received a
Kansas adult learner grant has fulfilled the requirements to qualify for a
tax credit pursuant to this section.
New Sec. 8. There is hereby created in the state treasury the
Kansas adult learner grant program fund, which shall be administered
by the state board of regents. All expenditures from the Kansas adult
learner grant program fund shall be for Kansas adult learner grants
awarded pursuant to the Kansas adult learner grant program. All
expenditures from the Kansas adult learner grant program fund shall be
made in accordance with appropriation acts upon warrants of the
director of accounts and reports issued pursuant to vouchers approved
by the executive officer of the state board of regents or the designee of
the executive officer. All moneys received by such board for the Kansas
adult learner grant program shall be deposited in the state treasury in
accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of each such remittance, the state treasurer shall
deposit the entire amount in the state treasury to the credit of the
Kansas adult learner grant program fund.
New Sec. 9. The provisions of sections 1 through 8, and
amendments thereto, shall expire on July 1, 2028.
New Sec. 10. (a) This section shall be known and may be cited as
the career technical education credential and transition incentive for
employment success act.
(b) Each school district that offers career technical education for
students enrolled in any of the grades nine through 12 shall, upon
request by any such student, pay any fees charged for any assessment SENATE BILL No. 123—page 6
or other examination that is required for such student to obtain an
approved industry-sought career technical education credential.
(c) (1) On or before July 1, 2023, and each July 1 thereafter, the
state board of education and state board of regents shall jointly conduct
a survey of school districts and colleges on which career technical
education credentials each school district offers that satisfies the
definition of "industry-sought credential" under subsection (d).
(2) On or before July 31, 2023, and each July 31 thereafter, the
state board of education and state board of regents, after consultation
with the secretary of labor, the secretary of commerce and
representatives of industries that recognize career technical education
credentials, shall jointly approve a list of industry-sought credentials.
(d) As used in this section:
(1) "College" means any community college, technical college or
the Washburn institute of technology; and
(2) "industry-sought credential" means a career technical
education credential that is:
(A) Repeatedly referenced in job postings; and
(B) frequently referred to by employers in communications with
school districts as a career technical education credential that is in
demand.
Sec. 11. K.S.A. 2022 Supp. 48-3601 is hereby amended to read as
follows: 48-3601. (a) A current member of the armed forces of the
United States or the member's spouse or dependent child who is
enrolled or has been accepted for admission at a postsecondary
educational institution as a postsecondary student shall be deemed to be
a resident of the state for the purpose of tuition and fees for attendance
at such postsecondary educational institution.
(b) A person is entitled to pay tuition and fees at an institution of
higher education at the rates provided for Kansas residents without
regard to the length of time the person has resided in the state if the
person:
(1) (A) Files a letter of intent to establish residence in the state
with the postsecondary educational institution at which the person
intends to register;
(B) lives in the state while attending the postsecondary
educational institution; and
(C) is eligible for benefits under the federal post-9/11 veterans
educational assistance act of 2008, 38 U.S.C. § 3301 et seq., or any
other federal law authorizing educational benefits for veterans;
(2) (A) is a veteran;
(B) was permanently stationed in Kansas for at least 11 months
during service in the armed forces or had established residency in
Kansas prior to service in the armed forces; and
(C) lives in Kansas at the time of enrollment; or
(3) (A) is the spouse or dependent of a veteran who was
permanently stationed in Kansas for at least 11 months during such
veteran's service in the armed forces or had established residency in
Kansas prior to service in the armed forces; and
(B) lives in Kansas at the time of enrollment.
(c) As used in this section:
(1) "Armed forces" means the army, navy, marine corps, air force,
coast guard, Kansas army or air national guard or any branch of the
military reserves of the United States;
(2) "postsecondary educational institution" means the same as
provided in K.S.A. 74-3201b, and amendments thereto; and
(3) "school year 2015-2016" means July 1, 2015 through June 30,
2016; and
(4) "veteran" means a person who has been separated from the SENATE BILL No. 123—page 7
armed forces and was honorably discharged or received a general
discharge under honorable conditions.
(d) Any person enrolled in a postsecondary educational institution
at any time during school year 2015-2016 who would have been
entitled to tuition and fee rates for a Kansas resident pursuant to
subsection (b)(2) or (3) had such subsection been in effect, but who
paid more than such tuition and fee rates for school year 2015-2016
shall be entitled to reimbursement of the difference between any tuition
and fee rates such person paid for school year 2015-2016 and the
tuition and fee rate such person would have paid as a Kansas resident if
such subsection had been in effect.
(e) This section shall be a part of and supplemental to chapter 48
of the Kansas Statutes Annotated, and amendments thereto.
Sec. 12. K.S.A. 2022 Supp. 74-32,272 is hereby amended to read
as follows: 74-32,272. (a) There is hereby established the Kansas
promise scholarship program. The state board of regents shall
implement and administer the program.
(b) On or before March 1, 2023, the state board of regents shall
adopt rules and regulations to implement and administer the Kansas
promise scholarship program. Such rules and regulations shall
establish:
(1) A scholarship application process, including, but not limited
to, accepting scholarship applications throughout the academic year and
processing such applications in the order such applications were
received;
(2) appeal procedures for denial or revocation of a Kansas promise
scholarship;
(3) guidelines to ensure as much as is practicable that, if a student
who received a Kansas promise scholarship graduates from a promise
eligible program and subsequently enrolls in a state educational
institution, as defined in K.S.A. 76-711, and amendments thereto, or
municipal university, any courses taken by such student shall be
transferred to the state educational institution or municipal university
and qualify toward the student's baccalaureate degree;
(4) the terms, conditions and requirements that shall be
incorporated into each Kansas promise scholarship agreement, which
shall not be more stringent than the requirements for Kansas promise
scholarship agreements provided in this act;
(5) procedures for requesting and approving medical, military and
personal absences from an eligible postsecondary educational
institution while receiving a Kansas promise scholarship;
(6) criteria for determining whether a student who received a
Kansas promise scholarship fulfilled the residency, employment and
repayment requirements included in a Kansas promise scholarship
agreement as provided in K.S.A. 2022 Supp. 74-32,276, and
amendments thereto;
(7) criteria for determining when a student who received a Kansas
promise scholarship may be released from the requirements of a Kansas
promise scholarship, if there are special circumstances that caused such
student to be unable to complete such requirements; and
(8) that no eligible postsecondary educational institution may:
(A) Limit scholarship awards to certain promise eligible programs
at such institution; or
(B) award less than the full Kansas promise scholarship amount
for which a student qualifies as long as funds are available in the
Kansas promise scholarship program fund.
(c) The state board of regents shall:
(1) Identify the promise eligible programs offered by each eligible
postsecondary educational institution that are: SENATE BILL No. 123—page 8
(A) Within a field of study designated by the eligible
postsecondary educational institution pursuant to K.S.A. 2022 Supp.
74-32,273, and amendments thereto; and
(B) in any of the following fields of study:
(i) Information technology and security;
(ii) mental and physical healthcare;
(iii) advanced manufacturing and building trades; or
(iv) early childhood education and development, elementary
education and secondary education;
(2) work with community partners, such as community
foundations, school districts, postsecondary educational institutions,
Kansas business and industry and Kansas economic development
organizations to publicize Kansas promise scholarships, including, but
not limited to, publicizing eligible postsecondary educational
institutions, approved scholarship-eligible educational programs,
application procedures and application deadlines;
(3) disburse funds to each eligible postsecondary educational
institution for the purpose of awarding Kansas promise scholarships;
(4) request information from eligible postsecondary educational
institutions and any state agency necessary for the administration of
this act;
(5) accept electronic signatures as sufficient and valid on all forms
and agreements required by the Kansas promise scholarship program
and any rules and regulations adopted thereunder;
(6) enforce Kansas promise scholarship agreements;
(7) collect any moneys repaid by students pursuant to K.S.A. 2022
Supp. 74-32,276, and amendments thereto;
(8) determine whether students who received a Kansas promise
scholarship fulfill the residency, employment and repayment
requirements provided in K.S.A. 2022 Supp. 74-32,276, and
amendments thereto; and
(9) beginning in January 2022, annually evaluate the Kansas
promise scholarship program and prepare and submit a report to the
senate standing committee on education and the house of
representatives standing committee on education. Such report shall
include, but not be limited to, the total program cost for each promise
eligible program at each eligible postsecondary educational institution,
the amount of scholarship moneys awarded that went to each promise
eligible program, the number of credit hours paid for with scholarship
moneys, the amount of scholarship moneys expected to be awarded to
each institution for each semester, the number of scholarships awarded,
the total amount of scholarship moneys awarded, the amount of
scholarship moneys provided for tuition, fees, books and supplies,
measures postsecondary educational institutions have taken in working
with private business and industry in the state to determine appropriate
fields of study and a review of the employment of scholarship
recipients who have completed the Kansas promise scholarship
program, including, but not limited to, employment fields and
geographic location of such employment.
(d) (1) The state board of regents may designate an associate
degree transfer program as an eligible program only if such program is
included in:
(A) An established 2+2 agreement with a Kansas four-year
postsecondary educational institution; or
(B) an articulation agreement with a Kansas four-year
postsecondary educational institution and is part of an established
degree pathway that allows a student to transfer at least 60 credit hours
from the eligible postsecondary educational institution to a four-year
postsecondary educational institution for the completion of an SENATE BILL No. 123—page 9
additional 60 credit hours toward a bachelor's degree.
(2) The provisions of this subsection shall be construed and
applied retroactively to the enactment of the Kansas promise
scholarship program on July 1, 2021.
(e) (1) The state board of regents may remove a promise eligible
program from the list of approved promise eligible programs only in
accordance with this subsection. If the state board of regents proposes
to remove a promise eligible program from such list, the state board of
regents shall notify all eligible postsecondary educational institutions of
the proposal to remove such program by May 1 of the calendar year
that precedes the calendar year in which such program would officially
be removed from such list. Within 30 calendar days of receipt, each
eligible postsecondary educational institution may appeal such
proposed removal to the state board of regents. Following such appeal
period, within 45 calendar days, the state board of regents shall
consider any such appeal and issue a final decision upon whether the
program shall be removed. If the state board of regents issues a final
decision to remove such program, the program shall be removed from
the list of approved promise eligible programs only after not less than
14 months have elapsed from the date that the state board of regents
issued the final decision to remove such program.
(2) The provisions of this subsection shall apply to any program
that has been approved by the state board of regents as a promise
eligible program on or after July 1, 2021.
Sec. 13. K.S.A. 2022 Supp. 74-32,273 is hereby amended to read
as follows: 74-32,273. (a) In addition to the fields of study provided in
K.S.A. 2022 Supp. 74-32,272, and amendments thereto, an eligible
postsecondary educational institution may designate an additional field
of study for awarding a Kansas promise scholarship to meet local
employment needs if:
(1) Promise eligible programs within such field of study are two-
year associate degree programs or career and technical education
certificates or stand-alone programs approved by the state board of
regents that correspond to jobs that are high wage, high demand or
critical need in the community;
(2) the institution already offers such field of study; and
(3) such field of study is one of the following:
(A) Agriculture;
(B) food and natural resources;
(C) education and training;
(D) law, public safety, corrections and security; or
(E) transportation, distribution and logistics.
(b) An eligible postsecondary educational institution that
designates an additional promise eligible field of study pursuant to this
section shall maintain the promise eligible field of study designation for
at least three consecutive years. After maintaining such field of study
for at least three years, the institution may designate a new promise
eligible field of study that corresponds to a high wage, high demand or
critical need occupation to replace the existing designated promise
eligible field of study. Any newly designated field of study shall be
subject to the requirements of this section.
(c) Programs designated by eligible institutions prior to the
effective date of this act shall be maintained until all students currently
enrolled in such programs have exhausted their promise scholarship
eligibility.
Sec. 14. K.S.A. 2022 Supp. 74-32,274 is hereby amended to read
as follows: 74-32,274. (a) (1) Subject to appropriations, the amount of a
Kansas promise scholarship for a student for each academic year shall
be determined as follows: SENATE BILL No. 123—page 10
(1) For a student enrolled in a promise eligible program offered
by an eligible public postsecondary educational institution described in
K.S.A. 2022 Supp. 74-32,271(b)(1)(A) or (B), and amendments thereto,
the scholarship amount shall be the aggregate amount of tuition,
required fees and the cost of books and required materials for the
promise eligible program at the eligible postsecondary educational
institution for the academic year in which the student is enrolled and
receiving the scholarship minus the aggregate amount of all other aid
awarded to such student for such academic year.
(2) If For a student is enrolled in a promise eligible program
offered by an eligible private postsecondary educational institution
described in K.S.A. 2022 Supp. 74-32,271(b)(1)(C), and amendments
thereto, the scholarship amount shall be the aggregate amount of
tuition, mandatory required fees and the cost of books and materials for
such program shall be for the academic year in which the student is
enrolled and receiving the scholarship minus the aggregate amount of
all other aid awarded to such student for such academic year, except
that a scholarship awarded pursuant to this paragraph shall not exceed
the average cost of tuition, mandatory required fees and the cost of
books and required materials for such promise eligible program when
offered by an eligible public postsecondary educational institution
described in K.S.A. 2022 Supp. 74-32,271(b)(1)(A) or (B), and
amendments thereto.
(b) Kansas promise scholarships shall only be awarded to an
eligible student whose family household income equals $100,000 or
less for a family of one or two, $150,000 or less for a family of three
and, for household sizes above three, a household income that is equal
to or less than the family of three amount plus $4,800 for each
additional family member.
(c) (1) Kansas promise scholarship awards shall be used only to
pay for up to a total of 68 promise scholarship funded credit hours or a
total of $20,000 in Kansas promise scholarship awards, whichever
occurs first, over the lifetime of the student who received the Kansas
promise scholarship award regardless of the eligible postsecondary
educational institution such student attended.
(2) Kansas promise scholarship awards shall not be used to fund:
(A) Prerequisite classes required for a promise eligible program
unless such classes are a designated course within the eligible program;
or
(B) any remedial course, as defined in K.S.A. 76-7,151, and
amendments thereto, unless such course is offered in a corequisite
format.
(d) For each fiscal year, the appropriation made for the Kansas
promise scholarship program shall not exceed $10,000,000.
(e) The state board of regents shall disburse funds based on
reimbursement requests from eligible postsecondary educational
institutions. Reimbursement requests shall be based on the actual
amount of Kansas promise scholarship amounts awarded by an eligible
postsecondary educational institution for the appropriate academic
period. Any eligible postsecondary educational institution seeking
reimbursement shall submit a reimbursement request to the state board
of regents on or before September 1, December 1, March 1 and June 1
of each year. The state board of regents shall disburse the appropriate
amount of funds to eligible postsecondary educational institutions on
September 15, December 15, March 15 and June 15 each year.
(f) As used in this section, "aid" includes any grant, scholarship or
financial assistance awards that do not require repayment. "Aid" does
not include any military financial educational benefits or any family
postsecondary savings account or other qualified tuition program SENATE BILL No. 123—page 11
established pursuant to section 529 of the internal revenue code of
1986, as amended.
Sec. 15. K.S.A. 2022 Supp. 74-32,275 is hereby amended to read
as follows: 74-32,275. (a) To be eligible for a Kansas promise
scholarship, a student shall:
(1) Be a United States citizen;
(2) be a Kansas resident;
(3) (A) have graduated from an accredited Kansas public or
private secondary school within the preceding 12 months;
(B) have completed the requirements for graduation at a non-
accredited private secondary school as provided in K.S.A. 72-4345, and
amendments thereto, within the preceding 12 months;
(C) attended an accredited Kansas public or private secondary
school or non-accredited private school as provided in K.S.A. 72-4345,
and amendments thereto, and obtained a high school equivalency
certificate within the preceding 12 months;
(D) upon application for a scholarship, have been a resident of
Kansas for three or more consecutive years as evidenced by the date of
issuance on a Kansas-issued identification card or through Kansas voter
registration records or Kansas income tax documentation;
(E) be a dependent child of a military servicemember permanently
stationed in another state and who, within the preceding 12 months,
graduated from any out-of-state secondary school or obtained a high
school equivalency certificate; or
(F) have been in the custody of the secretary for children and
families at any time such student was enrolled in and attending any of
the grades nine through 12 and not eligible for assistance under the
Kansas foster child educational assistance act, K.S.A. 75-53,111 et seq.,
and amendments thereto;
(4) complete the required scholarship application on such forms
and in such manner as established by the state board of regents;
(5) enter into a Kansas promise scholarship agreement pursuant to
K.S.A. 2022 Supp. 74-32,276, and amendments thereto;
(6) complete the free application for federal student aid for the
academic year in which the student applies to receive a Kansas promise
scholarship. Such submitted application shall be determined to be valid
and free of error codes in order to calculate the amount of scholarship
to be awarded; and
(7) enroll in an eligible postsecondary educational institution in a
promise eligible program.
(b) (1) To continue to receive a Kansas promise scholarship, a
student shall:
(A) Maintain satisfactory academic progress, including a grade
point average of 2.0 or higher, or the equivalent thereof, in the courses
of the promise eligible program for which the student received a
Kansas promise scholarship; and
(B) satisfy the requirements of a Kansas promise scholarship
agreement as provided in K.S.A. 2022 Supp. 74-32,276, and
amendments thereto.
(2) Any student who entered into a Kansas promise scholarship
agreement under the provisions of the Kansas promise scholarship act
as such act existed at the time such agreement was entered into shall be
entitled to continue to use such Kansas promise scholarship and receive
scholarship renewals to fulfill the requirements of such student's
Kansas promise scholarship agreement. No subsequent revision or
amendment to the Kansas promise scholarship act, the rules and
regulations adopted thereunder, the list of approved promise eligible
programs or the appropriations made pursuant to such act shall have the
effect of terminating a student's Kansas promise scholarship agreement SENATE BILL No. 123—page 12
solely due to such amendment or revision.
(c) Nothing in this act shall prohibit a student who received
postsecondary course credit while enrolled in high school from
qualifying for a Kansas promise scholarship.
New Sec. 16. The provisions of the Kansas promise scholarship
act, K.S.A. 74-32,271 through 74-32,277, and amendments thereto,
shall expire on July 1, 2028.
Sec. 17. K.S.A. 2022 Supp. 48-3601, 74-32,272, 74-32,273, 74-
32,274 and 74-32,275 are hereby repealed.
Sec. 18. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.